Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 2016 Page 1 of about 100 results (0.051 seconds)

Mar 08 2016 (HC)

Ramshila Enterprises Private Ltd. Vs. Prncipal Commissioner of Income ...

Court : Kolkata

Decided on : Mar-08-2016

..... issuance of the notice dated 18th march, 2013 under section 263 and the consequent order dated 26th march, 2013 passed under section 263 of the income tax act were acts without jurisdiction and therefore a nullity. for the aforesaid reasons the question no.(a) is answered in the negative. it is not necessary for us ..... 2013 was sent at 4, ganesh chandra avenue, 1st floor, room no.1. mr.poddar submitted that mode of service is provided by section 282 of the income tax act. according to him, clauses (a) and (b) are material for our purpose, but we would like to quote sub-section 1 of section 282 in ..... september, 2012 appearing at page 584 of the additional papers filed by him, which is an order passed under section 127 of the income tax act by no other than the cit, kolkata-ii, kolkata, who passed the impugned order under section 263, transferring the jurisdiction over five assessees including the appellant before us to ..... issue, according to him, is the fact that on 18th march, 2013 itself the assessee received a notice under section 143(2) of the income tax act pertaining to a subsequent assessment year i.e.2012-13 in his office at narayani building, 27, brabourne road. mr.poddar submitted that this goes to ..... assessment made under section 147/143(3) on 21st may, 2010 should not be revised under section 263 of the income tax act. an order under section 263 was passed ex parte by the cit on 26th march, 2013 setting aside the order dated 21st may, 2010 passed under section 147/143(3) and .....

Tag this Judgment!

Jun 17 2016 (HC)

Rick Lunsford Trade and Investment Limited Vs. Commissioner of Income ...

Court : Kolkata

Decided on : Jun-17-2016

..... tribunal was justified in law in upholding the addition of share capital to the extent of rs.8,77,500/- under section 68 of the income tax act, 1961 on the basis of incomplete investigation made by the assessing officer and its purported findings in that behalf are arbitrary, unreasonable and pervers.?. ..... /respondent : mrs.anwara quereshi,advocate the court : the appeal is directed against the judgement and order dated 6th september, 2006 passed by the learned income tax appellate tribunal, b bench , kolkata in ita no.2421/kol/2005 pertaining to the assessment year 1983-84 by which the learned tribunal dismissed an ..... to the cit (a) with the following direction; he is directed to consider all the evidence furnished by the ..... further sum of rs.18,67,500/-. an appeal preferred by the assessee was dismissed by the cit (a) by his judgement and order dated 22.01.2003. in a further appeal by the assessee the learned income tax appellate tribunal (a) bench kolkata in ita858(kol) of 2003 once again remitted the matter ..... introduced during the previous year relevant to the assessment year 1983-84 could not and should not be added back as income from undisclosed sources u/s.68 of the act. the assessing officer in the circumstances was of the opinion that the assessee company has introduced own money to the .....

Tag this Judgment!

Jun 21 2016 (HC)

Arvind and Company Vs. Commissioner of Income Tax Xv Kolkata.

Court : Kolkata

Decided on : Jun-21-2016

..... , 2010 when the appeal was admitted. ].whether in the facts and in the circumstances of the case and on a true and proper interpretation of section 24(b) of the income tax act, 1961 was justified in law in disallowing the interest paid to the partners on the ground that there is no specific provision for claiming interest paid to the partners on ..... .n. dutta, adv.mr.r.k. sinha, adv. for the respondent. the court : the appeal is directed against a judgement and order dated 24th july, 2009 passed by the learned income tax appellate tribunal c bench in ita no.1018/kol/2009 pertaining to the assessment year 2006-07 by which an appeal preferred by the assessee was dismissed. the assessee has ..... order sheet in the high court at calcutta special jurisdiction [income tax].original side ita11of 2010 arvind and company versus commissioner of income tax- xv kolkata. before: the hon'ble justice girish chandra gupta the hon'ble justice asha arora date : 21st june, 2016. mr.ananda sen, adv.mr.s.s.bhutoria, adv..for ..... their capital against the income from house property?. ii].whether the amount of interest paid to the partners from the partnership firm on account of interest though being assessed to tax can again be subjected to tax, being the same amount, as against the firm assessee ?. the questions formulated were not really .....

Tag this Judgment!

Mar 04 2016 (HC)

Cit, Central – I, Kolkata Vs. Binani Cement Ltd.

Court : Kolkata

Decided on : Mar-04-2016

..... the instant appeal:i)whether on the facts and in the circumstances of the case, the learned income tax appellate tribunal b bench, kolkata was justified in quashing the order passed by the commissioner of income tax (central i) kolkata under section 263 of the income tax act without appreciating the ratio of the judgement delivered by the delhi high court in the case of ..... delivered on : 04/03/2016. girish chandra gupta j. this is an appeal u/s.260a of the income tax act, 1961 (hereinafter referred to as the act ) preferred by the revenue against a judgement and order dated 30th march, 2012 passed by the income tax appellate tribunal (hereinafter referred to as the tribunal ) b bench, kolkata in ita no.239/kol/2011 pertaining ..... relied on the judgement of the apex court in the case of apollo tyres ltd. versus cit reported in (2002) 255 itr273wherein the following issue arose for consideration: can an assessing officer while assessing a company for income tax under section 115-j of the income tax act question the correctness of the profit and loss account prepared by the assessee company and certified ..... commissioner of income tax versus hari machine ltd.reported in (2009) 311 itr285(del.)?. ii) whether on the facts and .....

Tag this Judgment!

Mar 04 2016 (HC)

Prahlad Bhattacharya Vs. The Cit, Kolkata – Xvi and Anr.

Court : Kolkata

Decided on : Mar-04-2016

..... , 2016 judgment delivered on: 04/03/2016. girish chandra gupta j. the assessee has come up in appeal under section 260a of the income tax act, 1961 (hereinafter referred to as the act ) against a judgment and order passed by the income tax appellate tribunal, d bench, kolkata in ita no.2541 (cal) of 2003 dated 29th april, 2004 pertaining to the assessment year 1996-97 ..... . the following substantial questions of law arise for determination in the instant appeal:- i) whether on a true and proper interpretation of section 68 of the act the learned tribunal was correct ..... year 1986 he started a business in the name of sona cycle mart with an initial investment of rs.25,900/-. he filed income tax return for the firs.time in the assessment year 1990-91 indicating therein business income under the name sona cycle mart but never filed his personal balance-sheet till the assessment year 1998-99; 3. in the assessment ..... year 1996-97 he introduced capital from his personal account into the business. the cit(a) called for remand report from the ao under rule 46 of the income tax rules, 1962. the ao vide his letter dated 8th april, 2003 stated as follows:a) as regards increase in opening stock the addition .....

Tag this Judgment!

May 18 2016 (HC)

M/S. Sicpa India Ltd Vs. Commisioner of Income Tax Iii, Kolkata

Court : Kolkata

Decided on : May-18-2016

..... their view should be paid to an employee of the assessee. when a claim for allowance under section 10(2)(xv) of the income-tax act is made, the income-tax authorities have to decide whether the expenditure claimed as an allowance was incurred voluntarily and on grounds of commercial expediency. in applying the test ..... by this court on 7th february, 2008: 1. whether on a true and proper interpretation of section 80ib of the income tax act, 1961 the tribunal was justified in law in holding that income from import and sale of inks, rent and interest recovered from employees, interest on margin money furnished for obtaining banking facilities ..... of the business, reasonableness of the expenditure has to be adjudged from the point of view of the businessman and not of the revenue. the income-tax officer was of the view that there was no adequate increase in the earnings of the assessee, for the increase in remuneration was not reflected ..... m.p.agarwal, adv.the court : the subject matter of challenge in this appeal is a judgement and order dated 27th april, 2007 passed by the income tax appellate tribunal e bench, kolkata in ita no.288 (kol) of 2006 and ita no.374(kol) of 2006 both pertaining to the assessment years 2002 ..... order sheet in the high court at calcutta special jurisdiction [incometax].original side ita542of 2007 m/s.sicpa india ltd versus commisioner of income tax -iii, kolkata before: the hon'ble justice girish chandra gupta the hon'ble justice asha arora date : 18th may, 2016. mr.j .....

Tag this Judgment!

Jul 21 2016 (HC)

M/S Caledonian Jute and Industries Ltd. Vs. Commissioner of Income Tax ...

Court : Kolkata

Decided on : Jul-21-2016

..... 200 taxman 338 [calcutta]., which read as follows: after hearing the learned counsel for the parties and after taking into consideration the provision of section 254 of the income-tax act, we find that an appellate tribunal may after giving both the parties to the appeal an opportunity of being heard pass such order thereon as it thinks fit. the ..... adv.mr.rahul kinkar pandey, adv.mr.farhan gaffar, adv.the court: the subject matter of appeal is an order dated 5th december, 2008 passed by the learned income tax appellate tribunal c bench, kolkata in miscellaneous application no.98/kol./2008 arising out of ita no.167/kol//2007 pertaining to the assessment year 2003-04 by which ..... enhance the assessment which he did not do. in a further appeal by the revenue against the order of cit(a) the aforesaid income of rs.1 crore was not the subject-matter of challenge. it is in that view of the matter that this court held that the tribunal ..... side ita no.124 of 2009 m/s caledonian jute & industries ltd.versus commissioner of income tax & anr. before: the hon'ble justice girish chandra gupta the hon'ble justice arindam sinha date : 21st july, 2016. mr.p.bag, adv.mr.m.l. ..... facts and circumstances of this case for the reasons already discussed by us. in the aforesaid case the income of rs.1 crore was not assessed to tax by the assessing officer. in an appeal preferred by the assessee, the cit(a) had no occasion to deal with the aforesaid sum of rs.1 crore unless he chose to .....

Tag this Judgment!

Aug 03 2016 (HC)

M/S. Elite Pharmaceuticals and Anr. Vs. Income Tax officer, Ward 46(1 ...

Court : Kolkata

Decided on : Aug-03-2016

..... s letter dated 29th april, 2015. till such time the concerned authority responds, no consequential effect shall be given in respect of the survey conducted under section 133a of the income tax act. the letter dated 29th april, 2015 was replied to by a letter dated 17th august, 2015 stating as follows:item information sought for no.1. reasons, if any, recorded for ..... and circumstances of the case are as follows :the appellants had earlier filed a writ petition challenging the survey conducted under section 133a of the income-tax act on 6th february, 2015. notices issued under section 131 of the income-tax act also on 6th february, 2015; an order under section 133a (3)(i)(a) dated 24th february, 2015 and a notice dated 27th march, 2015 ..... issued under section 148 of the income-tax act pertaining to the assessment years 2012-13, 2013-14 and 2014-15 were also challenged on the ground that the respondent nos.1 and 2 had no jurisdiction over the ..... -16, kolkata in this particular case arises. challenging the aforesaid letter dated 17th august, 2015 and subsequent notice issued under section 142(1) of the income-tax act on 9th september, 2015, wp no.1172 of 2015 was filed which was dismissed by an order dated 23rd february, 2016 by holding as follows; since it is evident that .....

Tag this Judgment!

Aug 17 2016 (HC)

Principal Commissioner of Income Tax 2, Kolkata Vs. Income Tax Appell ...

Court : Kolkata

Decided on : Aug-17-2016

..... the above provision. consequently, we hold that the above appeals are not maintainable before this court. we, accordingly, dismiss the appeals as not maintainable under section 260a of the income tax act. per contra, mr.mazumdar, learned senior advocate representing the respondent no.3 (the assessee) has contended that against an order refusing to condone delay in presenting an appeal under ..... kol/2011) against an order dated september 20, 2010 for the assessment year 2007-08. mr.dudhoria, learned advocate representing the petitioner contends that although section 260a of the income tax act, 1961 provides a remedy of appeal before this court, the application for condonation of delay not having been allowed, there was no existence of any appeal against the order ..... writ petition, the petitioner has alleged failure on the part of the tribunal to exercise jurisdiction by ignoring the decisions of the supreme court reported in 334 itr269(commissioner of income tax versus west bengal infrastructure development finance corporation) and 167 itr471(collector of land acquisition versus mst. kartiga & ors.).if at all that is so, i.e.the ..... this court, reported in 2014 (310) e.l.t.24 (cal) (andew yule & co.ltd.versus commissioner of central excise, kolkata) and 248 itr155(cal) (commissioner of income tax versus agarwal hardware works pvt.ltd.).and an unreported decision of a coordinate bench dated 1st april, 2014 in wp no.386 of 2013 [commissioner of customs (airport & administration).kolkata .....

Tag this Judgment!

Feb 02 2016 (HC)

Commissioner of Income Tax, Kolkata Ii Vs. M/S Moran Tea Co. Ltd.

Court : Kolkata

Decided on : Feb-02-2016

..... , composite income under the income tax act, 1961, before applying rule 8 of the income tax rules. in that view of the matter, the question of law formulated is answered in the affirmative and in favour of the assessee. the appeal is, thus ..... and loss account as a part of the business expense. the assessing officer by his order dated 19th december 2006, completed the assessment under section 143(3)/147 of the income tax act and disallowed the expenditure of rs.56,92,991/- on account of cess on green leaf paid by the assessee. the reasoning given by the assessing officer is as follows ..... per cent, of the agricultural income. to be precise the court in jorehaut group (supra) observed as follows: cess on green tea leaves shall be allowed on 100 per cent ..... ltd. versus assistant commissioner of income-tax reported in (2007) 289 itr422 the gauhati high court followed the view expressed in assam co.ltd.v.union of india, [2005].275 itr609wherein it was held that the deduction on cess paid on green tea leaves has to be allowed on 100 per cent, of the composite income under the income-tax act, 1961, and not on 60 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //